Opinion
E072528
11-25-2019
THE PEOPLE, Plaintiff and Respondent, v. KEVIN DARNELL COX, Defendant and Appellant.
Cynthia Grimm, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. SWF026784) OPINION APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge. Affirmed. Cynthia Grimm, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
A jury found defendant and appellant Kevin Darnell Cox guilty of two counts of premeditated and deliberate murder. (Pen. Code, § 187, subd. (a), counts 1 & 2.) As to both counts, the jury found true the special circumstances allegations that, in this proceeding, defendant was convicted of multiple murders (§ 190.2, subd. (a)(3)), and the murders were committed while he was engaged in the commission of a robbery (§ 190.2, subd. (a)(17)(A)) and a burglary (§ 190.2, subd. (a)(17)(G)). The jury chose not to impose the death penalty and set the penalty at life without the possibility of parole. A trial court therefore sentenced defendant to life without the possibility of parole.
All further statutory references will be to the Penal Code, unless otherwise indicated.
Defendant appealed his convictions, and this court affirmed them in an unpublished opinion filed on September 14, 2015.
On our own motion, we take judicial notice of our prior unpublished opinion in this case (People v. Cox (Sept. 14, 2015, E059481) [nonpub. opn.]).
On January 2, 2019, defendant filed a petition for resentencing, pursuant to section 1170.95, alleging that he could not now be convicted of first degree murder because of changes made to section 189, effective January 1, 2019. The court summarily denied the petition because the jury found the special circumstances allegations true and specifically found that defendant acted with the intent to kill. Thus, he was not eligible for relief under section 1170.95.
Defendant appealed the denial of the section 1170.95 petition. We affirm.
FACTUAL BACKGROUND
This brief factual summary is taken from our prior unpublished opinion. (See People v. Cox, supra, E059481.)
In October 2008, defendant and appellant Kevin Darnell Cox and three of his fellow United States Marines, Tyrone Miller, Emrys John and Kesaun Sykes, went to a home belonging to United States Marine Corps Sergeant Janek Pietrzak and his wife, Quiana Jenkins-Pietrzak. Janek and Quiana were both tied up with duct tape. Quiana's clothes were removed and she was sexually assaulted with a vibrator. Janek was beaten. They both were then shot in the head several times. Defendant and his cohorts stole jewelry and other items from the home. They attempted to set the entire house on fire but were unsuccessful.
We refer to the victims by their first names not out of disrespect but for ease of reference. --------
ANALYSIS
Defendant appealed and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts, and identifying no potential arguable issues. Counsel has also requested this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J. We concur: MILLER
J. SLOUGH
J.